CalVCB adopts hearing officer's proposed decision denying Penal Code §4900 claim of Raymond McGinnis
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Summary
The board adopted a hearing officer's proposed decision denying Raymond McGinnis's Penal Code section 4900 claim for wrongful conviction compensation; staff concluded McGinnis failed to show innocence by a preponderance of the evidence and the Attorney General's office objected to the claim.
The California Victim Compensation Board on Nov. 20 adopted the hearing officer's proposed decision recommending denial of Raymond McGinnis's Penal Code section 4900 claim for compensation after his 1999 conviction was vacated in 2021.
Chief Counsel Kim Gutierrez told the board McGinnis filed an application on Feb. 28, 2024 seeking $1,161,860 for 8,299 days of imprisonment; staff recommended denial, concluding the applicant had not met the burden to show innocence by a preponderance of evidence. The Office of the Attorney General objected to the claim and was represented by Deputy Attorneys General Jonathan Krause and Seth McCutcheon.
Applicant comment: McGinnis told the board he believed evidence of prosecutorial fabrication had not been considered in the proposed decision and said he "didn't get a fair hearing." He urged the board to consider the evidence he submitted.
Board action: A motion to adopt the hearing officer's proposed decision was moved, seconded and passed by roll call vote.
Procedural note: Because this matter involves a Penal Code §4900 claim, the board treated it as a contested recommendation from a hearing officer and took public comment from the applicant before voting.
Sources and quotes: Chief Counsel Kim Gutierrez; applicant Raymond McGinnis; Deputy Attorney General Seth McCutcheon.